§ 9-10.03. Modesto Landmark Preservation Commission Established.

(a)

This chapter establishes the Modesto Landmark Preservation Commission with the following responsibilities:

(1)

To promote public recognition and appreciation for Modesto's history, Landmark Preservation Sites, and resources;

(2)

To conduct continuing surveys and research in order to identify and classify, as to their relative importance, properties that have historic, architectural, archaeological, engineering or cultural significance to the community;

(3)

To recommend historic resources which meet the criteria of significance stated herein for designation as Modesto Landmark Preservation Sites;

(4)

To protect Modesto Landmark Preservation Sites by public review of all proposed alterations, relocations, demolitions or new construction affecting those resources ; and,

(5)

To advise property owners and educate the public in appropriate maintenance, rehabilitation or restoration methods. To encourage continued uses, compatible with their character, of Modesto Landmark Preservation Sites and historic resources.

(b)

The Modesto Landmark Preservation Commission, hereinafter the "Commission," shall consist of five (5) or seven (7) voting members appointed by the Modesto City Council in conformance with Section 1102 of the Charter of the City of Modesto. All said members shall be registered voters residing in the City of Modesto. The said voting members should be selected from the following if possible:

(1)

At least one (1) member should be an architect, or if an architect should not be available, an experienced person of the building trades;

(2)

At least one (1) member should be a professional or experienced person in the areas of history, architectural history, archaeology, planning, real estate, design, building trades, landscape architecture or law;

(3)

At least one (1) member should be a person with a background in finance, accounting, appraising or related fields;

(4)

At least one (1) member should be a member of the McHenry Museum and Historical Society;

(5)

The other members shall be drawn from persons with a demonstrated interest and/or expertise in historic preservation; and,

(6)

One (1) member should also be a member of the Modesto Culture Commission and would serve on both commissions. Alternatively, a person recommended by the Culture Commission may be appointed by the City Council to serve only on the Landmark Preservation Commission.

(c)

The Commission, when formed, shall be organized and operated pursuant to the rules and regulations set forth in the Modesto Municipal Code for the purpose of carrying out the intent of this chapter, which rules and regulations are not inconsistent with the laws of the City of Modesto and the State of California.

(d)

The Commission shall make an annual report by September 1, containing a statement of its activities and plans to the Mayor, the City Council and the City Manager.

(e)

The Commission shall meet monthly to initiate surveys and nominations of properties, to review potential Modesto Landmark Preservation Sites, to make recommendations of properties to City Council for designation, and to prepare the Commission's annual report.

In addition, the Commission will meet at its earliest convenience, when called by the Chairman, to review such building permits or applications as are referred to it by the City Chief Building Official or Community Development Director. The City Chief Building Official or Community Development Director shall refer to the Commission such building permits or applications on projects which they determine should be considered for preservation in accordance with the intent of this chapter.

(f)

To accomplish the intent and purpose of this chapter, the City of Modesto shall provide the Commission with adequate staff support and supplies, including the assistance designated by the City Manager to perform the duties prescribed under this chapter.

(Added by Ord. 3691-C.S., § 1, effective 3-7-19)